How to Apply for Deputyship for Someone Who Lacks Mental Capacity

When someone close to you loses their ability to make important decisions due to a mental health impairment, and there is no Lasting Power of Attorney (LPA) in place, you may need to apply to the Court of Protection (CoP) to become their deputy. If granted, this would allow you to make decisions on the person’s behalf, whether it’s managing finances or ensuring their welfare needs are met. This step-by-step guide explains the process of how to apply for deputyship in the UK clearly, accurately, and in a way that’s easy to follow.

What Is a Deputy?

A deputy is someone appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to do so because of the impact of a mental health issue, brain injury or other condition. Deputies can be close relatives or friends. However, professionals such as solicitors can also take on this role.

There are two types of deputies:

• Property and financial affairs deputy – deals with financial matters, including money, bills, pensions, property, investments and other financial assets.
• Personal welfare deputy – makes decisions about medical treatment and how someone is looked after.

You can apply to become a deputy for property and financial affairs, a deputy for health and welfare decisions, or both, depending on the person’s needs.

Step-by-Step Guide: How to Apply for Deputyship

Here’s a practical guide to help you understand what’s involved when applying for deputyship and how to get started.

Step 1: Confirm That a Deputyship Is Necessary

Before filling in any paperwork to apply for deputyship, it’s essential to verify whether a deputy is actually required. Check if:

• The person lacks the mental capacity to make the specific decision for themselves. Mental capacity refers to the ability to understand, retain, and weigh up information to make a decision. If someone cannot do this due to an illness that affects their mind or brain, they may lack the capacity to make the specific decision. You will need to get an expert opinion on this.
• There’s no lasting power of attorney (LPA) in place. If a valid LPA was arranged before the person lost capacity, the attorney named can act on their behalf. If not, applying for deputyship may be the way forward.

If both conditions apply, a deputy application is the next step.

Step 2: Download and Prepare the Deputyship Application Forms

Applying to the Court of Protection for deputyship involves completing several forms. Each form has a specific purpose, and you will need to complete them carefully to avoid delays. The forms you will need to complete include:

• COP1 – The main application form that starts the process. It outlines your request to become a deputy.
• COP1A – Used if you are applying to become a deputy for property and financial affairs.
• COP1B – Required if you are applying to become a deputy for health and welfare.
• COP3 – This form is used to complete an assessment of the person’s mental capacity.
• COP4 – A declaration about your own suitability, background, and understanding of the role of a deputy.

You can download all the forms from here when you decide to apply for deputyship. Take your time completing them. It’s a good idea to read the accompanying guidance notes or speak with a legal professional if you’re unsure about anything.

Step 3: Arrange a Mental Capacity Assessment

One of the most important parts of your application to become a deputy is the COP3 form. This form has two parts: COP3A and COP3B. An experienced mental capacity assessor must complete part B of the COP3 form after conducting a thorough decision-specific assessment. For this, you will need to refer your loved one or client for a mental capacity assessment.

The assessments are typically conducted by qualified and experienced social workers, nurses, psychiatrists, psychologists, and other health or social care professionals with expertise in such assessments. The assessment focuses on the specific decision(s) the person needs to make and must comply with the criteria of the Mental Capacity Act 2005. The assessor will:

• Interview the person
• Review relevant medical history
• Evaluate whether the person can understand, retain, and use the relevant information to make the specific decision they are required to make.

Step 4: Notify People Who Need to be Informed When You Apply for Deputyship

You are legally required to notify at least three people who are close to the person you’re applying to become a deputy for. This ensures transparency and gives others the chance to raise concerns if they feel the application isn’t in the person’s best interests. For this, you’ll use:

• COP15 to inform them about your application to become a deputy
• COP20A or COP20B to confirm you’ve done this

It is important to choose people who have a genuine connection to the person, such as relatives, carers, or close friends. You’ll need to send them the forms and allow 14 days before submitting your application to the Court of Protection.

Step 5: Submit Your Deputyship Application to the Court of Protection

Once all the forms have been completed and the relevant people have been notified, send your complete deputyship application to:

Court of Protection

PO Box 70185, First Avenue House, 42–49 High Holborn, London, WC1A 9JA

This is the only address for submitting Court of Protection applications for deputyship, regardless of where you or the person you’re applying for lives in England or Wales.

Remember to include the application fee when you apply for deputyship. This is a fixed fee for processing the deputyship request. If you’re on a low income or receiving certain benefits, you might be eligible for a reduced fee or a full exemption. Look up how to pay Court of Protection fees or speak with a solicitor for help.

Step 6: Wait for the Court’s Decision on Your Application

After submission, the Court of Protection will begin reviewing your application to become a deputy. This stage involves several checks, including:

• Ensuring the person truly lacks capacity for the decision covered in your application
• Reviewing the suitability of the proposed deputy
• Considering any objections from notified individuals

In most straightforward cases, there is no need for a court hearing. However, a hearing may be scheduled if objections are raised or the situation is complex. The process can take 4 to 6 months, so it’s advisable to plan your deputyship application accordingly.

Step 7: Receive the Deputyship Order and Start Your Role

If your application to become a deputy is approved, you will receive a Deputy Court Order. This document sets out:

• The type of deputyship granted
• What decisions you are authorised to make
• Any restrictions or supervision requirements

You must then register with the Office of the Public Guardian (OPG). The OPG oversees deputies and ensures they act in the person’s best interests. You’ll also need to pay an annual supervision fee, keep detailed records, and submit yearly reports for as long as you remain the deputy.

Conclusion

Applying for deputyship is a serious responsibility, but it can also be a great act of care and protection. With the proper guidance and preparation, applying to become a deputy is manageable, even if it seems challenging at first.

If you require support with CoP3 assessments, our team at OFH Care is ready to assist you with your application for deputyship with expert, court-compliant assessments across England and Wales.